Disqualifying Criminal History and Threats to National Security in the Keeping Families Together Parole-in-Place Program
The Keeping Families Together Parole-in-Place (PIP) program provides an opportunity for certain noncitizen spouses and stepchildren of U.S. citizens to remain in the United States. However, applicants with certain criminal histories or who pose a threat to national security, public safety, or border security may be disqualified from the program.
Automatic Disqualifications
Some crimes automatically disqualify applicants from the PIP program, including:
All pending criminal charges until resolved.
All felony charges, including felony DUIs.
Specific crimes, regardless of whether they are classified as felonies, such as:
Murder, torture, rape, or sexual abuse.
Offenses involving firearms, explosives, or destructive devices.
Crimes related to peonage, slavery, involuntary servitude, and human trafficking.
Aggravated assault.
Offenses involving child pornography or exploitation.
Domestic violence, stalking, child abuse, or neglect.
Controlled substance offenses, excluding simple possession of 30 grams or less of marijuana.
Rebuttable Presumption of Ineligibility
Other criminal convictions, apart from minor traffic offenses, may create a rebuttable presumption of ineligibility for PIP. These cases are evaluated individually, considering factors such as:
The time elapsed since the conviction.
The applicant's age at the time of the offense.
The severity of the sentence.
Evidence of rehabilitation.
The nature and circumstances of the conviction.
USCIS will also consider the applicant’s role in their family, contributions to their community, and any special circumstances that may have influenced their behavior.
Positive Discretionary Factors
In cases where criminal history exists, positive factors that may help overcome ineligibility include:
Length of presence in the U.S.
Caregiving responsibilities for U.S. citizen family members.
Evidence of good character and community involvement.
Expungement or vacatur of the conviction.
Applicants should be aware of the serious implications of a criminal history when applying for PIP. If you need assistance navigating these complex issues, D'Andrea Law Corporation is ready to help: 626-852-8600, info@dandrealaw.com.
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